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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The reasoning for this part of the judgment of the court of first instance is as follows.
Since the facts of recognition are the same as the part of the facts of recognition, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. According to the above facts finding as to KRW 100,00,000, the Defendant is obligated to pay to the Plaintiff the amount of KRW 100,000,000 and the damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from November 26, 2011, which is the date of service of a copy of the instant complaint, to March 8, 2018, which is the date of service of a copy of the instant complaint, as requested by the Plaintiff, from November 26, 2011, and from the following day to the date of full payment.
3. The defendant's defense as to the unpaid wage of KRW 16,00,000 against the above money is that the plaintiff had extinguished a debt already received in the distribution procedure of the Jeonju District Court C. Thus, in full view of the overall purport of the statements and arguments set forth in subparagraphs 4 through 6 above, the defendant prepared in the distribution procedure of the Jeonju District Court C for the amount of KRW 16,000,000,000, which is the principal amount of the above wage claim by making the plaintiff as the first priority wage creditor in the distribution procedure of the Jeonju District Court C as to the amount of KRW 116,00,000,000, which is the principal amount of the above wage claim, and since the dividends against the above plaintiff were concluded on September 3, 2018 without objection, the defendant's defense is with merit.
If the creditor fails to submit any documentary evidence of the incidental claim until the distribution schedule is prepared, only the principal can be appropriated as the dividend.
According to the statement on the amount of credit in the above dividend procedure, the above dividend amount is KRW 16,00,000,000 as principal and interest KRW 16,00,000,000, and as such, the above dividend amount was appropriated for the original amount of KRW 16,00,000, the wage claim was extinguished due to this reason, and the plaintiff is sought against KRW 16,00,000.